The Situation of Disappearances in Mexico
摘要
This chapter introduces the situation of disappearances in Mexico since the onset of the ‘war on drugs’ in late 2006. It first provides an overview of the main characteristics of disappearances in Mexico today, including victims, perpetrators, and the country’s ongoing forensic crisis. Following this, it presents the domestic Mexican legal framework relating to disappearances and the protection of victims, especially the General Law on Enforced Disappearance, Disappearance Committed by Private Individuals and the National Search System and contrasts it with the international framework examined in previous chapters. Drawing on the analysis provided in Chaps. 2 – 4 , the chapter then explores the responsibility of the Mexican state for disappearances committed by organised criminal groups (OCGs) from an international legal perspective, including the question of acquiescence and whether forensic negligence could be considered a form of enforced disappearance. It finalises with a brief outline of broader legal discussions surrounding the so-called ‘war on drugs’ in Mexico, which concern its classification as a non-international armed conflict under international law, as well as the question of whether disappearances in the country can be considered as falling within the definition of enforced disappearance as a crime against humanity in International Criminal Law. The aim of this overview is to provide the necessary background information to the interviews conducted with human rights professionals, which are the focus of the following chapter.